SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2022 SESSION

  • print version
Senate Committee on Judiciary

Co-Chair: John S. Edwards - Co-Chair: R. Creigh Deeds

Staff: Kristen Walsh, C. Quagliato
Date of Meeting: February 16, 2022
Time and Place: 30 min after Senate/ SR A/ Public can register Zoom on GA website
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

H.B. 16

Patron: Fowler

Abuse and neglect of a child; safe haven defense. Increases from 14 days to 30 days the maximum age of an infant whom a parent may voluntarily deliver to a hospital or emergency medical services agency and claim an affirmative defense to prosecution for abuse or neglect if such prosecution is based solely upon the parent's having left the infant at such facility.

A BILL to amend and reenact §§ 16.1-228, 18.2-371, 18.2-371.1, 40.1-103, and 63.2-100 of the Code of Virginia, relating to abuse and neglect of a child; safe haven defense.

22101060D

H.B. 17

Patron: Fowler

Military honor guards and veterans service organizations; paramilitary activities; exception. Exempts members of a lawfully recognized military color guard, honor guard, or similar organization, and members of a veterans service organization that is congressionally chartered or officially recognized by the U.S. Department of Veterans Affairs, when such member is participating in a training or education exercise, funeral, or public ceremony on behalf of such military honor guard or veterans service organization, from the crime of unlawful paramilitary activity unless such member engages in such activity with malicious intent.

A BILL to amend and reenact § 18.2-433.2 of the Code of Virginia, relating to military honor guards and veterans service organizations; paramilitary activities; exception.

22100634D

H.B. 265

Patron: Campbell, R.R.

Multi-jurisdiction grand jury; elder abuse crimes. Adds the following to the list of crimes that a multi-jurisdiction grand jury may investigate: (i) financial exploitation of mentally incapacitated persons and (ii) abuse and neglect of incapacitated adults. This bill incorporates HB 662.

A BILL to amend and reenact § 19.2-215.1 of the Code of Virginia, relating to multi-jurisdiction grand jury; elder abuse crimes.

22104796D

H.B. 283

Patron: Brewer

Human trafficking training for law-enforcement personnel. Requires the Department of Criminal Justice Services to establish training standards for law-enforcement personnel regarding the recognition, prevention, and reporting of human trafficking.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to human trafficking training for law-enforcement personnel.

22102365D

H.B. 342

Patron: Simon

Virginia State Police communication system. Removes obsolete language relating to the teletype system formerly used by the Virginia State Police. The bill contains technical amendments. The bill is a recommendation of the Virginia Code Commission.

A BILL to amend and reenact §§ 52-12 through 52-20 of the Code of Virginia, relating to the Virginia State Police communication system.

22101115D

H.B. 370

Patron: Sullivan

Uniform Fiduciary Income and Principal Act. Codifies the Uniform Fiduciary Income and Principal Act, which replaces the prior uniform act to reflect modern trust investment practices in the allocation of principal and income. The bill provides procedures for trustees administering estates and gives them additional flexibility to administer discretionary trusts to ensure that the intention of the creator of the trust is accomplished. The bill includes provisions for converting a traditional trust into a "unitrust" to allow for total-return investing.

A BILL to amend the Code of Virginia by adding in Title 64.2 a chapter numbered 10.1, containing articles numbered 1 through 10, consisting of sections numbered 64.2-1033 through 64.2-1078, and to repeal Chapter 10 (§§ 64.2-1000 through 64.2-1032) of Title 64.2 of the Code of Virginia, relating to the Uniform Fiduciary Income and Principal Act.

22102105D

H.B. 409

Patron: Ballard

Promises not to plead the statute of limitations. Specifies that a written promise not to plead the statute of limitations is valid only when such written promise is made to avoid or defer litigation pending settlement of any cause of action that has accrued in favor of the promisee against the promisor. The bill further replaces the current requirement of validity that such promise not be made contemporaneously with any other contract with the requirement that the written promise be signed by the promisor or his agent. Finally, the bill specifies that the promisee must commence an action asserting such cause of action within the earlier of the applicable limitations period running from the date the written promise is made or any shorter time provided for in the written promise for such promise to be valid; current law requires that any such written promise may be made for an additional term not longer than the applicable limitations period in order to be valid. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact § 8.01-232 of the Code of Virginia, relating to effect of promises not to plead statute of limitations.

22101575D

H.B. 449

Patron: Bulova

Distrained or levied on personal property; auctioneers or auction firms outside the county or city of an officer. Allows for the use of a Virginia-licensed auctioneer or auction firm in selling distrained or levied on personal property and the transportation of such property to an auction site for such sale, regardless of whether the auction site is within or outside the county or city of the officer responsible for selling such property. Under current law, an officer who distrains or levies on personal property is not allowed to remove such property from his county or city.

A BILL to amend and reenact § 8.01-490 of the Code of Virginia, relating to distrained or levied on personal property; auctioneers or auction firms outside of the county or city of an officer.

22102318D

H.B. 671

Patron: Hope

Permanent protective orders; Hope Card Program created. Requires the Office of the Executive Secretary of the Supreme Court of Virginia to develop and all district courts and circuit courts to implement the Hope Card Program (the Program) for the issuance of a Hope Card to any person who has been issued a permanent protective order by any district court or circuit court. The bill provides that a Hope Card issued pursuant to the Program shall be a durable, plastic, wallet-sized card containing, to the extent possible, essential information about the protective order, such as the identifying information and characteristics of the person subject to the protective order, the issuance and expiration date of the protective order, the terms of the protective order, and the names of any other persons protected by the protective order.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-152.10:1, relating to permanent protective orders; Hope Card Program created.

22100428D

H.B. 678

Patron: Hope

Person under a disability; parties unknown. Includes in the definition of "person under a disability" persons made defendants by the general description of "parties unknown" in suits involving real property. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact § 8.01-2 of the Code of Virginia, relating to person under a disability; parties unknown.

22101578D

H.B. 719

Patron: Filler-Corn


Physical evidence recovery kits; victim's right to notification; storage. Provides that for a physical evidence recovery kit that (i) was collected by the Office of the Chief Medical Examiner as part of a routine death investigation, and the medical examiner and the law-enforcement agency agree that analysis is not warranted, (ii) was determined by the law-enforcement agency not to be connected to a criminal offense, or (iii) is connected to an offense that occurred outside of the Commonwealth or another law-enforcement agency has taken over responsibility of the investigation and such kit is not transferred to another law-enforcement agency, the law-enforcement agency that received the physical evidence recovery kit shall store such kit for a period of 10 years or until 10 years after the victim reaches the age of majority if the victim was a minor at the time of collection, whichever is longer. The bill provides that after the mandatory retention period, the law-enforcement agency may destroy the physical evidence recovery kit, or in its discretion, may elect to retain the physical evidence recovery kit for a longer period of time. The bill also provides that when a state or local law-enforcement agency located within the Commonwealth has taken over responsibility for the investigation related to the physical evidence recovery kit, unless one of the other exceptions for submitting such kit to the Department of Forensic Science applies, the physical evidence recovery kit shall be transferred to such law-enforcement agency and such law-enforcement agency shall submit the physical evidence recovery kit to the Department of Forensic Science within 60 days of receipt from the original receiving law-enforcement agency.

The bill also requires the law-enforcement agency to inform the victim, parent, guardian, or next of kin of the unique identification number assigned to the physical evidence recovery kit utilized by the health care provider and the personal identification number required to view the status of the physical evidence recovery kit and provide information regarding the Physical Evidence Recovery Kit Tracking System, unless disclosing this information would interfere with the investigation or prosecution of the offense, in which case the victim, parent, guardian, or next of kin shall be informed of the estimated date on which the information may be disclosed, if known.

A BILL to amend and reenact §§ 19.2-11.8 and 19.2-11.11 of the Code of Virginia, relating to physical evidence recovery kits; victim's right to notification; storage.

22105163D

H.B. 738

Patron: Bell

Competency to stand trial; order for evaluation or treatment; copy to the Department of Behavioral Health and Developmental Services. Provides that whenever a court orders an evaluation of a defendant's competency to stand trial, the clerk of the court shall provide a copy of the order to the Department of Behavioral Health and Developmental Services.

A BILL to amend and reenact § 19.2-169.8 of the Code of Virginia, relating to competency to stand trial; order for evaluation or treatment; copy to the Department of Behavioral Health and Developmental Services.

22101063D

H.B. 748

Patron: Bell

Department of Forensic Science; DNA data bank sample tracking system. Replaces certain references in the Code to the Local Inmate Data System with references to the Department of Forensic Science DNA data bank sample tracking system.

A BILL to amend and reenact §§ 9.1-176.1, 9.1-903, 16.1-237, 19.2-303, 19.2-303.3, 19.2-310.2, 19.2-310.3, 19.2-310.3:1, and 53.1-145 of the Code of Virginia, relating to the Department of Forensic Science; DNA data bank sample tracking system.

22102338D

H.B. 756

Patron: Adams, L.R.

Bail for a person accused of a crime that is an act of violence; notice to attorney for the Commonwealth. Requires a magistrate to transmit within 24 hours a copy of the checklist for bail determination form to the attorney for the Commonwealth when a magistrate conducts a bail hearing for a person arrested on a warrant or capias for an act of violence. The bill also provides that transmission of such copy to the attorney for the Commonwealth may be by facsimile or other electronic means.

A BILL to amend and reenact § 19.2-121 of the Code of Virginia, relating to bail for a person accused of a crime that is an act of violence; notice to attorney for the Commonwealth.

22102432D

H.B. 782

Patron: Williams

Nonsuits; appeals from judgment of a general district court. Permits a plaintiff to nonsuit a claim appealed from a general district court in a circuit court. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact § 8.01-380 of the Code of Virginia, relating to nonsuits; appeals from judgment of a general district court.

22101573D

H.B. 827

Patron: Wilt

Control of firearms by localities. Removes the authority for a locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in (i) any building, or part thereof, owned or used by such locality for governmental purposes; (ii) any public park owned or operated by the locality; (iii) any recreation or community center facility; or (iv) any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit.

The bill provides that any firearm received by the locality pursuant to a buy-back program shall be offered for sale by public auction or sealed bids to a person licensed as a dealer. Current law provides that any such firearm shall be destroyed by the locality unless the person surrendering the firearm requests in writing that the firearm be offered for sale. The bill also limits the authority of localities and state governmental entities to bring lawsuits against certain firearms manufacturers and others.

A BILL to amend and reenact §§ 15.2-915 and 15.2-915.5 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-915.6, relating to control of firearms by localities.

22100614D

H.B. 887

Patron: Tata

Transfer on death deed; conveyance of cooperative interest. Provides that a conveyance of a cooperative interest is included in the meaning of a transfer on death deed. This bill is declarative of existing law.

A BILL to amend and reenact §§ 64.2-621 and 64.2-628 of the Code of Virginia, relating to transfer on death deed; conveyance of cooperative interest.

22100423D

H.B. 1318

Patron: Adams, L.R.

Probation violation guidelines; use of sentencing revocation report and discretionary sentencing guidelines in revocation proceedings. Authorizes the Virginia Sentencing Commission to develop, maintain, and modify a system of statewide discretionary sentencing guidelines for use in hearings conducted in circuit courts in which the defendant is cited for violation of a condition or conditions of supervised probation imposed as a result of a felony conviction. The bill provides that a court would be presented with such guidelines when a defendant is cited for violating a condition or conditions of supervised probation imposed as a result of a felony conviction and such person is under the supervision of a state probation and parole officer.

A BILL to amend and reenact §§ 17.1-803 and 19.2-306 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-306.2, relating to probation violation guidelines; use of sentencing revocation report and discretionary sentencing guidelines in revocation proceedings.

22104419D

H.B. 1320

Patron: Adams, L.R.

Discretionary sentencing guidelines; midpoint for violent felony offenses. Clarifies the Virginia Criminal Sentencing Commission's authority to recommend revisions to the discretionary sentencing guidelines based on historical sentencing data.

A BILL to amend the Code of Virginia by adding a section numbered 17.1-805.1, relating to discretionary sentencing guidelines; midpoint for violent felony offenses.

22104418D